Is this Redundancy Fair?

arlenec7

Hi,

I would really appreciate some advice about my partner's redundancy, please bear with me as its a little complex.

This is basically what has happened;

My partner worked in a team of 4 people. He was on a slightly higher wage, has a supervisory role, has been there longer than most of them and is the most qualified member of staff.

The company announced there would be redundancies and that anyone interested in taking voluntary redundancy should request it.

One member of the team, who has been there the shortest length of time, requested voluntary redundancy and was refused.

The company announced that everyone would have to reapply for jobs, they created 3 job positions, all the same job description with a small wage drop. The skills and responsibilities list had some things on it that my partner does, but no-one else in the company does. He felt the interview for the job went very well.

He has just been told that his application has not been successful.

To put this in context, changes in the company are happening as a result of the owner's daughter taking over. There has been a long running issue with her treating my partner badly as a result of his drawing attention to some serious mistakes she made that directly damaged the company. The stress has led to a mental breakdown that he alerted his boss to but managed to get through without letting it affect his work.


My question is, does he have grounds for unfair redundancy? If so, who do we contact? I'm not clutching at straws in a panic (although I am terrified) - I genuinely feel that he may have been treated unfairly, but would like the advice of someone more knowledgeable.

Thanks!

SeaLion_2

To boil it down to its essence, this is how it looks from the outside:

Your husband has been put at risk of redundancy as the whole team are being made redundant
A different role has been introduced
He has been interviewed for this different role
He did not pass the interview/fit the role/have the required experience in all aspects of the role/ to be appointed to the job.
He will therefore be made redundant.

There is no other context. He has not been 'selected' for redundancy, the whole team have been put at risk and told their job roles are no longer required.

It may well be true that the whole thing is contrived simply to get rid of your husband via redundancy. However I cannot see any evidence of it from what you have posted, and evidence is what counts.

RichardD1970

The question isn't "is it fair", it is "is it legal".

Not an expert but from what you have written it would seem to be.

pennyago

SeaLion wrote: »

It may well be true that the whole thing is contrived simply to get rid of your husband via redundancy. However I cannot see any evidence of it from what you have posted, and evidence is what counts.

This happened to my partner last year, I am absolutely convinced they used redundancy to get rid of him. However we would have had to gone to a tribunal to claim unfair dismissal, at the end of the day that's how we saw it, but too expensive and too stressful. He took the money and run!
As an aside they don't have to accept you for voluntary redundancy if you apply, they use a selection process for the new positions.

pennyago

Just found this on the Citizens Advice website about the fees is you want to take the case to an employment tribunal, not that I think you should but anyway.

Type B claims cover more complicated claims such as unfair dismissal, discrimination and whistleblowing. You'll have to pay £250 for the issue fee to start the claim and £950 for the hearing fee.